Regulation 2007/1292 - Definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film from India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and terminating a partial interim review of such imports pursuant to Article 11(3) of Regulation (EC) No 384/96 - Main contents
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Council Regulation (EC) No 1292/2007 of 30 October 2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and terminating a partial interim review of such imports pursuant to Article 11(3) of Regulation (EC) No 384/96| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2007/1292 |
| Original proposal | COM(2007)566  |
| CELEX number i | 32007R1292 |
| Document | 30-10-2007 |
|---|---|
| Publication in Official Journal | 06-11-2007; Special edition in Croatian: Chapter 11 Volume 029,OJ L 288, 6.11.2007 |
| Effect | 07-11-2007; Entry into force Date pub. + 1 See Art 3 |
| End of validity | 06-11-2012; See 31996R0384 Art. 11.2 |
6.11.2007 |
EN |
Official Journal of the European Union |
L 288/1 |
COUNCIL REGULATION (EC) No 1292/2007
of 30 October 2007
imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and terminating a partial interim review of such imports pursuant to Article 11(3) of Regulation (EC) No 384/96
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 11(2) and 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force
(1) |
The Council, by Regulation (EC) No 1676/2001 (2) as last amended by Council Regulation (EC) No 1424/2006 (3) imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India. The measures, subject to the present reviews, consisted of an ad valorem anti-dumping duty ranging between 0 % and 18 % imposed on imports from individually named exporters, with a residual duty rate of 17,3 % imposed on imports from all other companies. The investigation that led to Regulation (EC) No 1676/2001 as modified will be referred to as ‘the original investigation’. |
(2) |
The measures imposed on imports from India in the original investigation were extended by Council Regulation (EC) No 1975/2004 (4) to imports of PET film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel. |
(3) |
The Commission, by Decision 2001/645/EC (5) accepted undertakings offered by five Indian producers in connection with the original investigation. These undertakings were repealed by Decision 2006/173/EC (6). |
(4) |
The Council, by Regulation (EC) No 367/2006 as last amended by Council Regulation (EC) No 1124/2007 (7) imposed a definitive countervailing duty on imports of PET film originating in India. The measures took the form of ad valorem duties ranging between 7 % and 19,1 % imposed on imports from individually named exporters, with a residual duty rate of 19,1 % imposed on imports from all other companies. The investigation that led to Regulation (EC) No 367/2006 as amended will be referred to as ‘the previous anti-subsidy investigation’. |
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2.Request for a review
(5) |
On 23 May 2006 and 3 July 2006 respectively, a request for an expiry review pursuant to Article 11(2) of the basic Regulation and a request for a partial interim review pursuant to Article 11(3) of the basic Regulation, limited to the examination of dumping by Jindal Poly Films Limited (Jindal), were lodged by the following Community producers: Du Pont Teijin Films, Mitsubishi Polyester Film GmbH and Nuroll SpA (the applicants). The applicants represent a major proportion of the Community production of PET film. |
(6) |
The applicants alleged and provided sufficient prima facie evidence that: (a) there is a likelihood of continuation or recurrence of dumping and injury to the Community industry, and (b) the circumstances with regard to dumping on the basis of which measures were established for Jindal have changed and these changes are of a lasting nature. |
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3.Investigation
(7) |
Having determined, after consulting the Advisory Committee, that sufficient evidence existed to justify the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation and a partial interim review pursuant to Article 11(3) of the basic Regulation, the... |
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